BILL NUMBER: SB 1915	CHAPTERED  09/20/00

	CHAPTER   543
	FILED WITH SECRETARY OF STATE   SEPTEMBER 20, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 18, 2000
	PASSED THE SENATE   AUGUST 22, 2000
	PASSED THE ASSEMBLY   AUGUST 18, 2000
	AMENDED IN ASSEMBLY   JULY 6, 2000
	AMENDED IN SENATE   MAY 16, 2000
	AMENDED IN SENATE   MAY 3, 2000

INTRODUCED BY   Senators Poochigian and Speier
   (Principal coauthor:  Senator Schiff)
   (Principal coauthors:  Assembly Members Kaloogian, Kuehl, Papan,
and Scott)
   (Coauthors:  Senators Costa, Hayden, Kelley, Monteith, and
Polanco)
   (Coauthors:  Assembly Members Battin, Briggs, Dickerson, Knox,
Robert Pacheco, Rod Pacheco, and Strickland)

                        FEBRUARY 24, 2000

   An act to add Section 354.4 to the Code of Civil Procedure,
relating to insurance for Armenian Genocide victims, and declaring
the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1915, Poochigian.  Insurance:  Armenian Genocide victims.
   Existing law authorizes any Holocaust victim, as defined, or an
heir or beneficiary of a Holocaust victim, who resides in this state
and has a claim arising out of an insurance policy or policies
purchased or in effect in Europe before 1945 from a specified insurer
to bring a legal action to recover on that claim in any superior
court of the state for the county in which the plaintiff or one of
the plaintiffs resides, which shall be vested with jurisdiction over
that action until its completion or resolution.  Existing law also
provides that any claim of this type shall not be dismissed for
failure to comply with the applicable statute of limitation if the
action is commenced on or before December 31, 2010.
   This bill would enact similar provisions applicable to any
Armenian Genocide victim, as defined, or an heir or beneficiary of
that victim, who resides in this state and has a claim arising out of
an insurance policy or policies purchased or in effect in Europe or
Asia between 1875 and 1923.
   This bill would declare that it is to take effect immediately as
an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  (a) The Legislature recognizes that during the period
from 1915 to 1923, many persons of Armenian ancestry residing in the
historic Armenian homeland then situated in the Ottoman  Empire were
victims of massacre, torture, starvation, death marches, and exile.
This period is known as the Armenian Genocide.
   (b) The Legislature further recognizes that thousands of Armenian
Genocide survivors and the heirs of Armenian Genocide victims are
residents or citizens of the State of California.  The Legislature
further recognizes and finds that these people have, too often, been
deprived of their entitlement to benefits under insurance policies
issued in Europe and Asia by insurance companies prior to, and during
the period of time of, the Armenian Genocide.  California has an
overwhelming public policy interest in  ensuring that its residents
and citizens who are claiming entitlement to  benefits under policies
issued to Armenian Genocide victims are treated reasonably and
fairly and that those  legal obligations are honored.
   (c) It is the specific intent of the Legislature to  ensure that
Armenian Genocide victims and their heirs be permitted to have an
expeditious, inexpensive, and fair forum in which to resolve their
claims for benefits under these policies by allowing actions to be
brought in  California irrespective of any contrary forum selection
provision contained in the policies themselves.  It is the finding of
the Legislature that enforcement of forum selection provisions in
those policies would work an undue, unreasonable, and unjust hardship
on Armenian Genocide victims and their heirs who are residents of
California and that those provisions are against public policy and
are hereby made unenforceable with respect to the policies as to
which this act applies.
   (d) To the extent that the statute of limitations regarding
contractual or tort claims arising from the denial of benefits under
the policies is extended by this act, that extension of the
limitations period is intended to be applied retroactively,
irrespective of whether the claims were otherwise barred by any
applicable statute of limitations under any other provision of law
prior to the enactment of this act.
  SEC. 2.  Section 354.4 is added to the Code of Civil Procedure, to
read:
   354.4.  (a) The following definitions govern the construction of
this section:
   (1) "Armenian Genocide victim" means any person of  Armenian or
other ancestry living in the Ottoman Empire during the period of 1915
to 1923, inclusive, who died, was deported, or escaped to avoid
persecution during that period.
   (2) "Insurer" means an insurance provider doing business in the
state, or whose contacts in the state satisfy the constitutional
requirements for jurisdiction, that sold life, property, liability,
health, annuities, dowry, educational, casualty, or any other
insurance covering persons or property to persons in Europe or Asia
at any  time between 1875 and 1923.
   (b) Notwithstanding any other provision of law, any Armenian
Genocide victim, or heir or beneficiary of an Armenian Genocide
victim, who resides in this state and has a claim arising out of an
insurance policy or policies purchased or in effect in Europe or Asia
between 1875 and 1923 from an insurer described in paragraph  (2) of
subdivision (a), may bring a legal action or may continue a pending
legal action to recover on that claim in any court of competent
jurisdiction in this state, which  court shall be deemed the proper
forum for that action until its completion or resolution.
   (c) Any action, including any pending action brought by an
Armenian Genocide victim or the heir or beneficiary of an Armenian
Genocide victim, whether a resident or nonresident of this state,
seeking  benefits under the insurance policies issued or in effect
between 1875 and 1923 shall not be dismissed for failure to comply
with the applicable statute of limitation, provided the action is
filed on or before December 31, 2010.
   (d) The provisions of this section are severable.  If any
provision of this section or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to provide just compensation to aging Armenian Genocide
victims and their heirs, it is necessary that this act take effect
immediately.
